by KYW's Tony Hanson
A Philadelphia judge, who was criticized by the DA for a house arrest sentence imposed on a former University of Pennsylvania professor comvicted of sexual assault, has now removed himself from the case, citing "unwarranted and unfair" personal attacks.
Defendant Tracy McIntosh (above), 54, pleaded no contest to a sexual assault charge. Authorities say he raped a 23-year-old graduate student after they had been drinking and she smoked marijuana at his urging.
Although guidelines called for a sentence of 2-3 years in prison and the prosecution argued for 5 years or more, Judge Rayford Means sentenced McIntosh to house arrest. The DA appealed (see related story), and won.
But Judge Means, who says he wants to avoid the appearance of judicial impropriety, has recused himself from the case, although he said from the bench that he knows in his "heart of hearts" what the parties agreed to -- strongly suggesting there was a deal.
But prosecutor Rich DeSipio says that's not his recollection.
McIntosh, who served the house arrest sentence and was not in court on Friday, will be sentenced again at a later date, but a different judge.
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